113-291.8. Requirement to display hunter orange.
(a) Any person hunting game animals other than foxes, bobcats, raccoons, and opossum, or hunting upland game birds other than wild turkeys, or hunting feral swine, with the use of firearms, must wear a cap or hat on his head made of hunter orange material or an outer garment of hunter orange visible from all sides. Any person hunting deer during a deer firearms season shall wear hunter orange. Hunter orange material is a material that is a daylight fluorescent orange color.
This section does not apply to a landholder, his spouse, or children, who are hunting on land held by the landholder. This subsection shall be enforced by warning ticket only until October 1, 1992, with respect to those hunting rabbit, squirrel, grouse, pheasant, and quail.
(b) Any person violating this section during the 1987 big game hunting season shall be given a warning of violation only. Thereafter, any person violating this section has committed an infraction and shall pay a fine of twenty-five dollars ($25.00). An infraction is an unlawful act that is not a crime. The procedure for charging and trying an infraction is the same as for a misdemeanor, but conviction of an infraction has no consequence other than payment of a fine. A person convicted of an infraction may not be assessed court costs.
Wildlife Enforcement Officers are authorized to charge persons with the infraction created by this section.
(c) Failure to wear hunter orange material in violation of this section shall not constitute negligence per se or contributory negligence per se. (1987, c. 72, s. 1; 1991, c. 71, s. 1; 2007-401, s. 4; 2011-369, s. 5.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 113 - Conservation and Development
Article 22 - Regulation of Wildlife.
§ 113-291 - General restrictions.
§ 113-291.1 - Manner of taking wild animals and wild birds.
§ 113-291.1A - Computer-assisted remote hunting prohibited.
§ 113-291.3 - Possession, sale, and transportation of wildlife.
§ 113-291.4 - Regulation of foxes; study of fox and fur-bearer populations.
§ 113-291.4A - Open seasons for taking foxes with firearms.
§ 113-291.4B - Taking foxes and coyotes in certain counties.
§ 113-291.5A - Exemption from civil liability for landholder permitting retrieval of hunting dogs.
§ 113-291.6 - Regulation of trapping.
§ 113-291.7 - Regulation of bears; limited retention of local acts closing bear seasons.
§ 113-291.8 - Requirement to display hunter orange.
§ 113-291.9 - Taking of beaver.
§ 113-291.10 - Beaver Damage Control Advisory Board.
§ 113-291.11 - Feeding of alligators prohibited.
§ 113-291.12 - Unlawful to remove live feral swine from traps.
§ 113-291.13 - Application of wildlife laws to opossums.
§ 113-293 - Obstructing rivers or creeks; keeping open fishways in dams.
§ 113-294 - Specific violations.
§ 113-294.1 - Wildlife Poacher Reward Fund.
§ 113-295 - Unlawful harassment of persons taking wildlife resources.
§ 113-296 - Disabled Sportsman Program.
§ 113-297 - Method exemptions for disabled persons.
§ 113-298 - Unlawful use of facilities provided for disabled sportsman.